Background:
The petitioner is requesting to rezone 1200 East 39th Street from S-OS Open Space District to C-1 Neighborhood Commercial District. The purpose of the request is to convert the existing mortuary and funeral home to a reception facility.
The Plan & Zoning Commission reviewed Case REZ22-04 at its July 19, 2022 meeting and have recommended denial (be forwarded to the City Council with a recommendation for denial (6-1) with the following findings:
Findings:
- The proposed rezoning to C-1 Neighborhood Commercial District is inconsistent with the Comprehensive Plan and adopted land use policies, which identifies the site as Parks and Recreation. Amending the property to a commercial zoning district is considered spot zoning.
- The petition is not compatible with the zoning and land uses of nearby property.
- The rezoning request is not compatible with the established neighborhood character, which includes cemeteries and multi-family residential dwellings.
- The proposed amendment may be detrimental to the public health, safety, and welfare of the City.
- Rezoning the property to C-1 Neighborhood Commercial District does not create any nonconformities.
It is the Legal Department's opinion that this rezoning request does involve spot zoning. Spot zoning can be valid if there is a reasonable basis to treat the spot-zoned property differently from the surrounding properties. Spot zoning is not appropriate if it is for the financial benefit of the individual property, but detrimental to the surrounding properties. The primary question is whether the subject property has a peculiar adaptability to the new classification compared to the surrounding properties. In this instance, staff believe the answer is no. Finally, it appears this request may conflict with the comprehensive plan and, if so, absent compelling evidence of the benefits that treating this property differently offer, it would constitute unreasonable spot zoning.
A staff report has been attached with a full analysis.